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vendingmachine commented on the word fifth amendment
A person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person can still invoke his or her Fifth Amendment privilege against compulsory self-incrimination, and refuse to comply. Only if granted immunity by the state, in a formal proceeding, from having any testimony or evidence derived from the testimony used against him or her, can a person be compelled to answer over an assertion of this privilege. If police detain (or arrest) a person, they must advise him or her that he or she has a right to remain silent, and the right to an attorney, among other rights. If the detained person invokes these rights, all interrogation must cease, and nothing said by the defendant in violation of this rule can be admitted against him or her at trial.
June 28, 2015